• a.Explain whether Hassan, Paul, Sally, Garfunkel and Mary have enforceable claims in contract law.
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Mary is the owner of record shop that sells rare vinyl records. One day Hassan is walking past the shop and sees a very rare edition of a record by an obscure band called Clue Dü in the window. The record is priced at £10. Hassan is a rare vinyl collector and thinks that the record will sell for at least £100. He walks into the shop to buy the vinyl. Mary, realising that the record has been priced wrong, refuses to sell it to him. Hassan claims that she must sell it, but Mary stands firm and says she does not.
Later in the day Mary receives a call about the same record from Paul. Paul has seen the record advertised on Mary’s online shop at £100. He seems very interested in it but hopes to haggle on the price. Paul tells Mary he has to think about it and later emails Mary to say, ‘if I don’t hear anything more about it, I consider the record to be mine for £90’.
Mary forgets about the email and later agrees with another customer in her online shop, Sally, that she will sell her the record for £85. Sally transfers £40 to Mary and tells her to send the record. Mary refuses as she says Sally has not fulfilled her end of the bargain. She transfers the money back to Sally.
Garfunkel turns up at the shop and asks if he can buy the record. Mary asks for £100 but finally agrees to sell it to him for £90. After Garfunkel hands over the money, Mary gives him the record. The following day Mary sees Garfunkel in the local bakery and Garfunkel tells her that the record was amazing and as he was so pleased with it he will give her the remaining £10 that she originally asked for it. However, Garfunkel subsequently decides he does not want to do that. Mary then asks him for the record back so she can re-sell it for £100.
The following day Mary comes into the shop to find there has been a flood; water has come into her shop through the ceiling and damaged many of her records. Tatiana, who lives in the flat over the shop, explains that her washing machine was faulty and she asked Peter, a local washing machine repairman, to fix it. He repaired the washing machine but did not ensure that the outlet valve was connected properly, which caused water to leak into her kitchen and then into Mary’s shop below.
- a.Explain whether Hassan, Paul, Sally, Garfunkel and Mary have enforceable claims in contract law.
- b.Explain whether Mary has a claim in negligence against Peter.
Identify one specific item of feedback that you received for TMA 01. How have you used that feedback when writing this assignment?
TMA 02 tests the following learning outcomes:
Knowledge and understanding:
- interpret, describe and apply legal principles and authority in a logical and coherent way
- correctly reference and/or cite relevant materials, including case and statute law
- reflect, assess and learn from your own studies.